Companies Act 2014

403.

Duty of auditor to notify Supervisory Authority regarding cessation of office

403. (1) Where, for any reason, during the period between the conclusion of the last annual general meeting and the conclusion of the next annual general meeting of a company, a statutory auditor ceases to hold office by virtue of section 394 or 400 , the auditor shall—

(a) in such form and manner as the Supervisory Authority specifies, and

(b) within 30 days after the date of that cessation,

notify the Supervisory Authority that the auditor has ceased to hold office.

(2) That notification shall be accompanied by—

(a) in the case of resignation of the auditor, the notice served by the auditor under section 400(1) , or

(b) in the case of removal of the auditor at a general meeting pursuant to section 394 , a copy of any representations in writing made to the company, pursuant to section 397(2) , by the outgoing auditor in relation to the intended resolution except where such representations were not sent out to the members of the company in consequence of an application to the court under section 397(4) .

(3) Where, in the case of resignation, the notice served under section 400(1) is to the effect that there are no circumstances connected with the resignation to which it relates that the auditor concerned considers should be brought to the notice of members or creditors of the company, the notification under subsection (1) shall also be accompanied by a statement of the reasons for the auditor’s resignation.

(4) In this section—

(a) “resignation” includes an indication of unwillingness to be re-appointed at an annual general meeting; and

(b) a reference to a notice served under section 400(1) includes a reference to a notice given by the auditor that is referred to in section 383(2)(c) .

Annotations

Modifications (not altering text):

C122

Section applied with modifications (1.01.2020) by European Union (Qualifying Partnerships: Accounting and Auditing) Regulations 2019 (S.I. No. 597 of 2019), reg. 36, in effect as per reg. 1(2), (3).

Application of section 403 of Principal Act

36. Section 403 of the Principal Act shall apply to a qualifying partnership as if it read:

“403. (1) Where, for any reason, a statutory auditor of a qualifying partnership ceases to hold office before the end of the auditor’s term of office, the auditor shall -

(a) in such form and manner as the Supervisory Authority specifies, and

(b) within 30 days after the date of that cessation,

notify the Supervisory Authority that the auditor has ceased to hold office.

(2) The notification under paragraph (1) shall be accompanied by -

(a) in the case of resignation of the auditor, the notice served by the auditor under section 400(1), and

(b) a copy of any representations in writing made to the qualifying partnership by the outgoing auditor in relation to the auditor ceasing to hold office.

(3) Where -

(a) a statutory auditor ceases to hold office due to his or her resignation, and

(b) the notice served under section 400(1) states that there are no circumstances connected with the resignation to which it relates that the auditor concerned considers should be brought to the notice of partners in or creditors of the partnership,

the notice shall be accompanied by a statement of the reasons for the auditor’s resignation.”.